Master Tire & Rubber Corp.

National Labor Relations Board - Board DecisionsSep 29, 1941

35 N.L.R.B. 1045 (N.L.R.B. 1941)

In the Matter of MASTER TIRE & RUBBER CORPORATION and UNITED RUBBER WORKERS OF AMERICA, LOCAL No. 207 (C. I. 0.) and CIRCLE No. 24, AFFILIATED WITH THE NATIONAL FEDERATED INDEPENDENT UNION Case No. R-3015 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. DECISION AND CERTIFICATION OF REPRESENTATIVES September 29, 1941 On August 12, 1941, United Rubber Workers of America, Local --207 (C. I. 0.), herein called the Rubber Workers, filed with the Regional, Director for the Eighth Region (Cleveland, Ohio) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of Master Tire & Rubber Cor- poration, herein called the Company, engaged in the manufacture of automobile tires and other rubber products at Findlay, Ohio, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 30, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon clue notice. On August 22, 1941, the Com- pany, the Rubber Workers, Circle #24, affiliated with the National Federated Independent Union, a labor organization affected by the investigation, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." An election by secret ballot was conducted on September 4, 1941, under the direction and supervision of the Regional Director, among all production and maintenance employees of the Company's plant at Findlay, Ohio, exclusive of supervisory employees (but not ex- 35 N L R B., No 192. 1045 1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD eluding any person who does production work but may have some supervisory duties in which orders are not directly, received from the office), clerical employees working in the factory office and general office, engineering and laboratory employees, out-of-town truck drivers, service station employees, and print shop employees, who were employed during the pay-roll period ending August 17, 1941, to determine whether or not said employees desired to be represented by the Rubber Workers, or by Circle +_,..k24, affiliated with the National Federated Independent Union, for the purposes of collective bargain- ing with the Company, or by neither. On September 8, 1941, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report the Regional Director reported as follows .concerning the balloting and its results : Total on eligibility list-------------------------------------- 418 Total ballots cast------------------------------------------- 371 Total cast for United Rubber Workers of America, Local #207 (C. I. 0.)------------------------------------------------ 216 Total cast for Circle #24, affiliated with the National Fed- erated Independent Union-------------------------------- 128 Total cast for neither-------------------------------------- 27 Total blank ballots------------------------------------------ 0 Total void ballots------------------------------------------ 0 Total challenged ballots------------------------------------- 0 Upon the basis of _the stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACTS 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Master Tire & Rubber Company, Findlay, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees employed by the Company at its Findlay, Ohio, plant, exclusive of supervisory em- ployees (but not excluding any person who does production work but may have some supervisory duties in which orders are not received directly from the office), clerical employees working in the factory office and general office, engineering and laboratory employees, out- of-town truck drivers, service station employees, and print shop employees, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. United Rubber Workers of America, Local #207 (C. 1. O.), has been designated and selected by a majority of employees in the above MASTER TIRE & RUBBER CORPORATION 1047 unit as their representative for the purposes of collective bargaining, and is the exclusive representative of all the employees in said unit within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, IT IS HEREBY CERTIFIED that United Rubber Workers of America, Local #207 (C. I. 0.), has been designated and selected by a majority of all production and maintenance employees employed by the Master Tire & Rubber Corporation at its Findlay, Ohio, plant, exclusive of supervisory employees (but not excluding any person who does production work but may have some supervisory duties in which orders are not received directly from the office), clerical employees working in the factory office and general office, engineering and laboratory employees, out-of-town truck drivers, service station em- ployees, and print shop employees, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, United Rubber Workers of America, Local #207 (C. I. 0.), is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.